PHYSICIANS INS. CO. OF OHIO v. UNIV. OF CINCINNATI

No. 01AP-373.

146 Ohio App.3d 685 (2001)

2001-Ohio-3985

PHYSICIANS INSURANCE COMPANY OF OHIO, Appellant, v. UNIVERSITY OF CINCINNATI HOSPITAL ARING NEUROLOGICAL INSTITUTE, Appellee.

Court of Appeals of Ohio, Tenth District, Franklin County.

Decided December 6, 2001.


Attorney(s) appearing for the Case

Robins, Preston, Beckett, Hammond & Sewards, Gary W. Hammond, Frederick A. Sewards and James McGovern, for appellant.

Betty D. Montgomery, Attorney General; Dinsmore & Shohl, L.L.P., Marilena R. Walters and Chanda R. Nichols, for appellee.


PEGGY BRYANT, Presiding Judge.

{¶ 1} Plaintiff-appellant, Physicians Insurance Company of Ohio, appeals from a judgment of the Ohio Court of Claims dismissing plaintiff's action against defendant-appellee, University of Cincinnati Hospital Aring Neurological Institute, for lack of subject matter jurisdiction pursuant to R.C. 3345.40. Plaintiff assigns a single error:

{¶ 2} "Monies paid by a malpractice liability insurer on behalf of its insured are...

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